WHILE police investigations of a 22-year old male and 17-year old girl videographed in a car in Pasir Gudang are underway under Section 377D of the Penal Code for indecency, Wanita MCA urges the police to likewise thoroughly probe and uncover the wilful act and wrongdoings of the individuals who video recorded the couple.
If the videographers intended to threaten or blackmail or play a prank on the pair especially the under-aged female, these are criminal offences.
Hence, all the more the police needs to step in and protect the minor from predatory elements of the individuals recording the duo.
As Deputy Communications and Digital Minister Teo Nie Ching has stated that the Malaysian Communications and Multimedia Commission (MCMC) has deemed the video as “pornographic”, Wanita MCA therefore urges the police and MCMC to use the resources available to them to track down the individuals responsible for filming and disseminating the video.
Under Part II of the Sexual Offences Against Children Act 2017 (SOAC), dealing with child pornography is an offence, including but not limited to “producing”, “distributing”, and “transmitting” child porn.
Hence, the full weight of SOAC should be thrown at the individuals who filmed the couple and spread it on social media.
Clearly, the act of viralling the video is tantamount to cyberbullying and harassment, to which, the video producers should likewise be charged with in the available provisions in the Penal Code and other legislations.
Offence to impersonate public servant
News reports had quoted the statement by the couple’s lawyer, Tebrau MP Jimmy Puah who stated that “the men who recorded the video had impersonated policemen.
The couple were also threatened when they refused to hand over their identity cards (ICs). In this scenario, Section 170 of the Penal Code should be slapped against the video producers for falsely personating a public servant knowing that they do not hold such office.
The lawyer adds that the couple “tried to escape but they were chased by the people recording them until they arrived at the Pasir Putih police station (New Straits Times Online, April 9, 2023).”
This indicates that more than one individual was responsible for filming the young pair. It also appears to be a case of criminal intimidation against the duo for which the video producer perpetrators should likewise be charged with.
Meanwhile, the Legal Advisory & Women’s Aid Centre (LAWA) of Wanita MCA avails ourselves to extend our legal advice and consultation to the adolescent girl and her family should the need arise. LAWA may be reached at 03-2203 3884 and 012-386 3884. – April 11, 2023
Wong You Fong is the Wanita MCA national chairperson.
The views expressed are solely of the author and do not necessarily reflect those of Focus Malaysia.
